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Court of AppealAllowedCriminal Application E032 of 2026

Eric Imbugwa Salim v Republic

Court of Appeal
25 September 2026
LNL Ndolo
930 words in judgment
View original judgmentRead on Kenya Law Watch case
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·~4 min to read original · ~4 min brief

The bottom line

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What this practically means

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Executive summary

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In a single-judge ruling, the Court of Appeal at Eldoret granted Eric Imbugwa Salim's application for extension of time to lodge a notice of appeal and a memorandum of appeal against the High Court judgment of 19 March 2021 (H. Omondi, J.) in HCCRA No 84 of 2016, which upheld his conviction for robbery with violence and death sentence imposed by the trial court in Kapsabet MCCR 2243 of 2014. The applicant, incarcerated at Naivasha Maximum Prison when the High Court decided his appeal, explained that his appeal papers submitted through the prison paralegal office during the COVID-19 period never received a court number, that a 2023 application for leave to appeal out of time from Eldoret GK Prison likewise went unanswered, and that his family could not afford counsel until advocate Hamba Caroline agreed to act pro bono in July 2026. The respondent did not oppose the application. Relying on the parties' citations in Chemaringo and Leo Sila Mutiso, the court held that while the length of delay matters, it is not the defining factor; the reason for the delay must be considered, and each case turns on its own merits. Satisfied that the delay of just over five years was not occasioned by the applicant, the court admitted the notice and memorandum of appeal as duly filed and directed the Deputy Registrar, Eldoret High Court, to prepare and serve the record of appeal on both parties within 30 days. No costs order was made. The substantive appeal remains to be heard.

Questions the Court framed

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The issues the Court set itself to decide, in its own words.

  1. 1.Whether the applicant's delay of just over five years in filing the notice of appeal and memorandum of appeal should be excused and time extended
  2. 2.Whether leave to appeal out of time should be granted

Key legal issues

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Whether a delay of over five years in lodging an appeal by an incarcerated applicant should be excused

Holding

Yes. The delay was not occasioned by the applicant; prison system failures, COVID-19 delays and inability to afford counsel were circumstances beyond his control, justifying exercise of discretion in his favour.

Reasoning

The court applied the settled parameters: length of delay, reason for delay, chances of success and prejudice to the respondent. The applicant had detailed his efforts to progress the appeal from Naivasha and Eldoret prisons, through paralegal offices, during COVID-19, and his family's inability to fund counsel until pro-bono counsel intervened in 2026. The respondent did not oppose. The delay was therefore satisfactorily explained and discretion was exercised in the applicant's favour.

p. 3

Legal principles established

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  • The length of delay is an important but not defining factor in an extension-of-time application; it must be considered alongside the reason for the delay, and each case turns on its own merits.

Court orders

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  1. 1.Extension of time granted for filing the notice of appeal and memorandum of appeal
  2. 2.The applicant's notice of appeal and memorandum of appeal admitted as duly filed
  3. 3.The Deputy Registrar, Eldoret High Court, directed to prepare and serve the record of appeal on the appellant and the respondent within 30 days from the date of the ruling

The bench

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One judgment of the whole court — no separate or dissenting opinions.

LN
majority

Wrote the judgment

On appeal from
High Court of Kenya at Eldoret
HCCRA No 84 of 2016
Jurisdiction invoked
Inherent appellate discretion to extend time for lodging a notice of appeal and to grant leave to appeal out of time

Quotable passages

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Verbatim from the judgment, each located to the page it appears on in the official PDF — so these can be cited and checked directly.

The law does not set out any minimum or maximum period of delay. All it states is that any delay should be satisfactorily explained.
p. 2Extension of time - no statutory limit on delay
I am satisfied that the delay of just over 5 years, was not occasioned by the applicant.
p. 3Satisfactory explanation for delay by incarcerated appellant
In the circumstances, I will exercise discretion in favour of the applicant. His notice of appeal and memorandum of appeal are admitted as duly filed.
p. 3Final orders - discretion exercised, appeal admitted
The Deputy Registrar, Eldoret High Court, who shall be served with a copy of this ruling, is directed to prepare and serve the record of appeal on the appellant and the respondent within the next 30 days from the date of this ruling.
p. 3Final orders - direction to Deputy Registrar

Key timeline

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Practical implications

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Frequently asked questions

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Cite this brief

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Cite this brief

Caselaw, "Eric Imbugwa Salim v Republic", Case Analysis (2026). Criminal Application E032 of 2026. Source: https://new.kenyalaw.org/akn/ke/judgment/keca/2026/1890/eng@2026-09-25

Suggested citation format for research notes or client memos. Always verify the original judgment before relying on any point.